More than just a driver may be at fault in a commercial truck accident
Posted on June 27, 2016 by John
When a commercial vehicle of any kind is involved in a traffic accident, a different and more complicated set of circumstances kicks in for anyone who may be a victim.
This is the case whether a commercial trucker is at fault, or a taxi, limo, bus, delivery van or a shuttle is part of the accident.
Although commercial drivers as a whole have been shown less likely to be involved in an accident, when they are, due to the difference in size between a commercial vehicle and an average car, the results are usually more serious and even deadly.
If you’re injured in a truck accident, is it incumbent on you and your attorney to not only show that negligence was involved on the part of the commercial driver but also to determine if that negligence can extend beyond just the driver. Identifying as many defendants as possible is important because it gives you the greatest possibility of recovering damages for your medical bills, lost wages, pain and suffering, and more.
Other defendants may include a driver’s employer, so it’s important for an attorney to establish that an employer exercised some control over the driver, including what kind of driving schedule they kept, what big rig they assigned the driver, their overall maintenance and safety record, and other issues that will help strengthen the case that liability should be shared.
As a plaintiff in a case, it’s best to bring a commercial traffic attorney on board as soon as possible to start the process of preserving evidence, and looking at company maintenance records, safety violations recorded with the state, and so forth. In most cases, defendants will have an experienced commercial vehicle attorney already on board, and it’s just a wise move to level the playing field as soon as possible to give you the best chance at a full financial recovery.
The Law Office of David Leicht serves the California communities of Barstow, Victorville, Apple Valley, Hesperia, Adelanto, Baker, Needles, Lucerne Valley, Big Bear, San Bernardino, Mojave, Phelan, and Wrightwood.
For a free consultation, call (760) 256-3104.